New Trial Ordered For New Haven Man Convicted Of Murder

A Superior Court judge has granted a new trial to a New Haven man whose conviction in a 1990 killing became a cause celebre for community leaders and lawyers.

In a decision released Friday, Judge Kevin E. Booth ruled that a new trial for Melvin Jones was warranted based on new evidence -- an eyewitness account by a house painter, Pasquale Demaio -- that jurors did not hear the first time around.

Demaio, 24, testified at a hearing this year that he saw a black man shoot Wayne Curtis on the morning of Oct. 17, 1990, and that the gunman was not Jones. Demaio said he didn't come forward earlier because he was afraid to get involved with a drug- related murder.

``After listening to Mr. Demaio, this court is convinced that Mr. Demaio honestly believes that the perpetrator of the murder was not Melvin Jones,'' Booth wrote. ``Further, the court does not believe that Demaio is lying when he says he witnessed the crime and got a good look at the perpetrator.''

Booth wrote that Jones' lawyers have proved by a preponderance of the evidence -- a lesser standard of proof than ``beyond a reasonable doubt'' -- that Demaio's testimony could change the outcome of a trial. Because this is a civil hearing, Booth based his decision on the civil standard, which is a lesser burden than that used in a criminal trial.

Melvin Jones remains in prison in Cheshire, and could not be reached for comment. The decision does not mean he will be released.

After reading the decision, Jones' attorney, John R. Williams of New Haven, called it ``awesome.''

``I thought that it was a very modest decision that gave the state every possible benefit,'' he said.

The prosecution disagrees. Assistant State's Attorney James Clark called Booth's ruling a ``terrible decision,'' saying the judge ignored the finding of 12 jurors who found Jones guilty of capital felony in 1992 in connection with Curtis' death.

``It is probably the least well-decided opinion that I've seen in 12 years,'' he said. ``It has both legal and factual problems to it.''

Clark said he plans to appeal the decision, but declined to elaborate, pending further study. He said an appeal must be filed within 20 days.

Meanwhile, the presiding criminal judge in New Haven scheduled Jones' new trial for May 1995, said Williams, who will represent Jones at that trial. Williams said it will be a difficult case because jurors will be immediately prejudiced by Jones' previous conviction in 1976.

Jones was convicted of felony murder in the 1974 shooting of a Yale student, Gary Stein. In that case, Jones and a group of New Haven teenagers robbed Stein near the university. Jones was the gunman.

Jones served about 15 years in prison before being released on parole in 1989. While incarcerated, he earned his general equivalency diploma and converted to the Islamic faith. Once out, he became a ``model parolee,'' attending community college and getting involved in community activities, including working with a cable television show that preached about the dangers of drugs.

Then, in October 1990, Jones was arrested in connection with the shooting death of Curtis, a Middletown house painter who police said frequented the Hill section of New Haven seeking drugs.

Jones maintained his innocence and represented himself at a trial in July 1992. A jury convicted him in the case, which was prosecuted by Clark, and last year Jones was sentenced to life in prison without parole.

Since then, several community leaders have worked to get Jones a new trial, saying he was wrongly convicted. Among those working on his behalf was Frank LoSacco, a Middletown resident who became interested in the case and started investigating on his own.

It was LoSacco who pursued Demaio and eventually persuaded him to give a statement to Williams and an associate, Katrena Engstrom, about the shooting. Demaio saw the killing while painting a house across the street with his father.

Demaio, 24, could not be reached for comment Friday. He said last month that he came forward because he wanted to do the right thing.

LoSacco was ecstatic.

``I've been promising Francine Jones [the defendant's mother] that Booth would make this decision before Christmas,'' he said. ``Can you get a better Christmas present?''

Since the new testimony surfaced, Clark has argued that LoSacco used improper influence on Demaio to get him to testify. He has called Demaio a liar, and described his statement as inaccurate. Clark claims that Demaio's scenario of what happened to Curtis contradicts other witnesses.

But Williams and Engstrom argued that the other witnesses did not have the same view of the killing as Demaio. Williams says he is convinced Jones didn't commit the crime.

Before a new trial takes place, there are further legal hurdles for Jones.

If Clark appeals Booth's decision and wins that appeal before the state Appellate Court, then Williams will take the request for a new trial to the state Supreme Court. This case is a civil matter based on the discovery of new evidence.

In the meantime, Williams has an appeal pending before the Supreme Court regarding Jones' trial conviction. That appeal is separate from the civil case, and calls into question legal issues raised at the 1992 trial.

Williams said that Jones' Supreme Court appeal of the trial will become moot if Booth's new trial ruling is upheld.

Jones will remain in custody unless all charges against him are dismissed, he posts a bond if a bond is set for him, or he is acquitted after a new trial, Booth wrote.